Copyright Patent Trademark

SpicyIP Tidbit: DU to have its own IP policy soon!


DU

The Economic Times recently reported that Delhi University would soon be having its own IP policy in place. The IP policy would seek to address and clarify, inter alia, the issues pertaining to patentability of the research undertaken by DU staff and students, registration of copyright and trademark by DU and the question of ownership of the intellectual property. The Intellectual Property Rights Cell at Delhi University, established in the year 2008, aims at helping the students and faculty manage…


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Trademark

SpicyIP Tidbit: Plain Packaging Packaged in a Notification?


Perhaps what the packaging will now look like

The Ministry of Health and Family Welfare, Government of India recently issued a notification introducing a requirement that the pictorial and textual statutory warnings that are to be placed on the carton must now cover 85% of the display area of the package. The notification, that amends the Cigarettes and Other Tobacco Products (Packaging and Labelling Rules), 2008 states that the pictorial warning must cover at least 60% of the area and the textual warning 25% percent of the area…


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Others Patent

Guest Post: Online System does not support high value patent filing transactions


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Recently we wrote about the number of welcome measures taken by the Patent office with regard to transparency and efficiency, including the online payment gateway. While we certainly applaud these measures, it appears there are a couple of creases yet to be ironed out. We bring you a guest post from Jitin Talwar on an issue that’s cropped up with the online filing system when transactions over Rs 5 lakhs are involved. As he points out, given that now prices…


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Copyright

LEGALITY OF DIGITAL COURSE PACKS: THE USA EXPERIENCE


gsu

(Warning: Long Post ahead!) In a development which has major implications to the DU Photocopy case, the US Eleventh Circuit Court has come out with a ruling on the legality of course packs.  The case was filed by three publishing houses, namely, Cambridge University Press, Oxford University Press and Sage Publications against Georgia State University. FACTS The facts of the GSU case and the DU case have striking similarities, in the form of the plaintiffs as well as the concept…


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Copyright

Blast From the Past: Dilip Kumar Pickles and Parveen Babi Soap


parveen babi

Two film stars recently made news when they sought to restrain the release of movies purporting to associate themselves with these actors- the actors alleged that the movies were violating the ‘personality rights’ of the respective actors. (We had covered these developments in our posts here and here). Personality rights or image rights are rights of a person who has acquired a celebrity status, to restrain others from commercially exploiting his name or image; this is because the celebrity or…


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Others

SpicyIP Weekly Review (20th to 26th October, 2014)


spicyip weekly review

The Week in which the Delhi High Court addressed Patent Application Pendency The SpicyIP Highlight of the Week was Anubha’s post on the case at the Delhi High Court – Nitto Denko v. Union of India. The case was filed by Nitto in reaction to what they perceived as an inordinate delay in processing applications at the Patent Office. They argued that this delay was in complete disregard of the time schedule provided Rule 24B of the Patents Rules, 2003….


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Patent

Breaking News: Nitto Denko v. UOI: Delhi HC addresses Patent Application Pendency


Zemanta Related Posts Thumbnail

Recently, the Delhi High Court kicked in some steps to clear the huge backlog at the Indian Patent Office in terms of clearing patent applications and devising effective strategy to maintain time bound processing of the applications. This post is about the latest order delivered by Justice Vibhu Bakhru of the Delhi High Court in the matter of Nitto Denko v. UOI. In 2013, Nitto Denko went to the Court flagging inordinate delay in the examination of their patent applications…


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Trademark

Protecting Quasi Judicial Officers from Executive Excesses: A Patent Upliftment!


Influence

Read the text of the judgment here. In a significant development for IP and constitutional law, the Delhi High Court ruled that the statutory discretion vested in quasi-judicial officials such as Patent Controllers and Trademark Registrars cannot be interfered with by their higher ups, such as the Controller General (CG).  But first a bit of background. Several months ago, the CG had issued an office order disallowing “substantial” amendments in trademark applications. The key part of the office order (Clause…


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Copyright

The Day the Music Died: In the “Company” of Collusive Collecting Societies


The Day the Music Died F

Much like the Diwali crackers bursting all around us, this IP news comes with a bang! In a momentous development for copyright law in India, IPRS and PPL have declared that they are no longer “collecting societies” under the copyright act, but merely a “company”. As such, they claim that they cannot be regulated under the terms of the copyright act, but answer only to the terms of the Companies Act. SpicyIP managed to scoop a letter from IPRS to…


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Copyright

SpicyIP Tidbit: It is Still Copyright Infringement if the Image is ‘Modified’!


modify

Massachusetts-based photographer Bimal Nepal has had a strange Diwali this year. A photograph of lamps that he had posted on Flickr in 2012 has been copied without permission – by the Prime Minister (or more specifically, his PR team), who modified it slightly before posting it on the official Narendra Modi Facebook page on October 21st. The Prime Minister’s post has gathered close to half a million ‘Likes’ over two days. Nepal posted on Facebook that while he was honoured that…


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